Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated shall be punished in the same manner as if he gave or fabricated false evidence.
Simplified Explanation
Section 233 of the Bharatiya Nyaya Sanhita, 2023 addresses the crime of using or attempting to use evidence that is known to be false or fabricated. This section makes it a punishable offense to knowingly present false evidence or try to use it in legal proceedings as if it were genuine.
Key Provisions of Section 233
Punishment for Using False Evidence
- Corrupt use or attempt to use false evidence:
If a person knowingly uses or attempts to use evidence that is false or fabricated, pretending that it is genuine or true, they shall be punished in the same manner as if they were involved in the act of giving or fabricating false evidence.- This means the punishment is equivalent to the penalties laid out in the sections for giving false evidence or fabricating false evidence.
Implied Punishments:
- The punishments for giving or fabricating false evidence typically include:
- Imprisonment, which may extend to several years depending on the severity of the offense.
- Fines, which can also vary depending on the nature of the false evidence or the crime it pertains to.
- In some cases, the person may also face community service or other forms of punishment if applicable.
Explanation and Implications
Corruption of Legal Process:
The law aims to preserve the integrity of the legal process. By criminalizing the use of evidence that is known to be false, it ensures that fraudulent evidence cannot be used to deceive courts or public servants, thereby protecting the truth and preventing injustices.
Equal Punishment for False Evidence and its Use:
Section 233 places an emphasis on both fabricating and using false evidence as equally serious offenses. The same punishment applies whether someone gives false evidence directly or uses false evidence that they know to be fabricated. This approach ensures that the justice system is not compromised at any stage, either by the creation or manipulation of false information.
Deter False Evidence Usage:
This section serves as a deterrent to those who might seek to manipulate or fabricate evidence with the intention of misleading a court or public authorities. It recognizes that attempts to mislead through false evidence are just as harmful as the actual fabrication of that evidence.
Conclusion
Section 233 of the Bharatiya Nyaya Sanhita makes it a punishable offense to use false evidence knowingly, treating it with the same severity as fabricating or giving false evidence. The section helps to ensure the integrity of legal proceedings, making it clear that those who attempt to deceive courts or public servants with false evidence face severe penalties, including imprisonment and fines.
